United States District Court, W.D. Washington, Seattle
KENNETH WRIGHT, on his own behalf and on behalf of other similarly situated persons, Plaintiff,
LYFT, INC., a Delaware corporation, Defendant.
ORDER RE: FINAL JUDGMENT APPROVING SETTLEMENT AND
CERTIFYING SETTLEMENT CLASS
Barbara Jacobs Rothstein U.S. District Court Judge.
Honorable Barbara J. Rothstein
review and consideration of the Settlement Agreement and all
exhibits thereto (Dkt. No. 91) (the “Settlement
Agreement”), by and between Plaintiff Kenneth Wright
(“Representative Plaintiff” or “Named
Plaintiff”) and Defendant Lyft, Inc.
(“Defendant” or “Lyft”), and the
memoranda and arguments of counsel, IT IS HEREBY ORDERED and
ADJUDGED as follows:
Court has jurisdiction over the subject matter of the Action
and the Parties, including all Settlement Class Members, and
venue is proper in this District.
Pursuant to Fed.R.Civ.P. 23, the Court finally approves the
settlement of this Action, as embodied in the terms of the
Settlement Agreement, and finds that the Settlement is, in
all respects, fair, reasonable, and adequate and in the best
interest of the Settlement Class Members in light of the
factual, legal, practical, and procedural considerations
raised by this case. The Settlement Agreement is the product
of good faith arms-length negotiations by the parties, each
of whom was represented by experienced counsel. The
Settlement Agreement is incorporated by reference into this
Order (with capitalized terms as set forth in the Settlement
Agreement), is hereby adopted as an Order of this Court, and
becomes part of the final judgment in this action.
explained in the preliminary approval order, pursuant to
Fed.R.Civ.P. 23(a) and 23(b)(3), the Court hereby finally
certifies for settlement purposes the following Settlement
Class defined as follows:
All Washington residents who, between June 1, 2012, and the
date of preliminary approval, November 15, 2018, received on
their cellular telephones one or more invitational or
referral text messages through Lyft's ‘Invite A
Excluded from the settlement class are: (i) any judge that
may preside over this case; (ii) any of the Released Parties,
other than Lyft users who sent or caused to be sent
invitational text messages; (iii) any Settlement Class Member
who has timely submitted a Request for Exclusion by the
Opt-Out Deadline; (iv) any person or entity who has
previously given a valid release of the claims asserted in
the Action; and (v) Plaintiff's Counsel and their
Court hereby finds that the notice previously given to
Settlement Class Members, including notice by email, notice
by postcard to certain potential class members, and notice by
publication in two local newspapers: (1) was in compliance
with the Preliminary Approval Order (Dkt. No. 92), (2)
constituted the best notice practicable under the
circumstances, (3) constituted valid, due, and sufficient
notice to all persons affected by and/or entitled to
participate in the Settlement, and (4) was in full compliance
with the notice requirements of Fed.R.Civ.P. 23 and due
Court finds that there were no objections to the settlement
and that only one (1) class member requested to be excluded
from the settlement.
Court appoints Kenneth Wright as the Representative Plaintiff
of the Settlement Class and finds that he meets the
requirements of Fed.R.Civ.P. 23(a)(4).
Court appoints the following lawyers as Class Counsel, and
finds that they meet the ...